Buyers · Reviewed October 2026
What does a buyer agreement cover in Arizona?
Since August 17, 2024, an agent working with a buyer must have a written agreement with that buyer before touring a home, in person or by live video. The agreement has to state clearly how much the agent will be paid, say that commissions are not set by law and are fully negotiable, and cap what the agent can receive from any source at the amount you agreed. Anne Sostman of The Brokery goes through the agreement with you in a short consultation before the first tour, so you know exactly what you are signing and what it costs.
What the agreement must say
Under the practice changes that took effect on August 17, 2024, every written buyer agreement must:
- state, conspicuously, the amount or rate the agent will be paid from any source, in terms that can be worked out without guessing (not “whatever the seller offers”);
- say that the agent may not receive more than that amount from any source;
- say, conspicuously, that broker commissions are not set by law and are fully negotiable;
- include anything state law requires.
Everything else, such as the term, whether it is exclusive and the services, is up to you and the brokerage. The rules are NAR’s, summarized on its written buyer agreements page.
The two Arizona forms
- Buyer-Broker Exclusive Employment Agreement. One brokerage represents you for a set term, across the homes you consider. Revised by the Arizona REALTORS® in August 2024.
- Buyer-Broker Agreement to Show Property. A non-exclusive agreement, added in August 2024, under which an agent can show you homes without an exclusive commitment to that brokerage.
What it costs, and who can pay
The fee is whatever you and the brokerage agree in writing; there is no standard rate. You can pay it yourself, ask the seller to contribute as part of your offer, or accept compensation the listing brokerage offers outside the MLS, where offers of compensation are no longer published. Whichever way it comes, the total cannot exceed the amount in your agreement. How a seller weighs that request is on who pays the buyer’s agent in Arizona.
What to ask any agent before you sign
- The term. How long it lasts, and how it ends if it is not working.
- The scope. All homes, or specific ones; and what happens if you find a home yourself.
- The fee. The amount or rate, and what happens if the seller contributes less, or nothing.
- The work. Search, tours, pricing the offer, the inspection and appraisal, and the closing: who does each.
- A home the agent also lists. How that is handled, and what you would be asked to agree to in writing.
Questions buyers ask
- Do I have to sign a buyer agreement to tour a home in Arizona? Yes, if an agent is showing it to you. Since August 17, 2024, an agent who works with a buyer must have a written agreement with that buyer before touring a home, in person or by live video. It does not apply when you walk into an open house on your own. Anne Sostman of The Brokery goes through the agreement in a short consultation before the first tour.
- How much does a buyer's agent cost in Arizona? There is no set rate. Commissions are not set by law and are fully negotiable, and the agreement has to state the amount or rate in plain terms. Anne Sostman of The Brokery puts her fee in writing in the consultation, before you sign anything.
- Can the seller pay my agent? Yes. The seller can agree to contribute as part of your offer, or the listing brokerage can offer compensation outside the MLS. Whatever the source, your agent cannot receive more than the amount in your agreement. Anne Sostman of The Brokery writes the request into the offer when it makes sense for your price and terms.
- Is a buyer agreement exclusive? It depends on the form. The Arizona REALTORS® Buyer-Broker Exclusive Employment Agreement gives one brokerage the right to represent you for a set term. The Buyer-Broker Agreement to Show Property, added in August 2024, is non-exclusive. Anne Sostman of The Brokery explains which one fits before you sign.
- Can I end a buyer agreement? The agreement itself sets its term and how it ends, so read that section, and ask about it, before you sign. Anne Sostman of The Brokery walks through the term and the cancellation terms line by line in the consultation.
Anne Sostman · The Brokery · Arizona License SA718853000 · Commissions are negotiable and are not set by law. This page explains the rules; it is not legal advice.
